A mother “derivatively neglected” a new child based on “sufficiently proximate in time” court orders from April and October 2016 that said she had neglected and derivatively neglected five older siblings of the child, a state appeals court ruled Tuesday.

In its decision pertaining to the new child, an Appellate Division, First Department panel further wrote that the mother “failed to raise an issue of fact as to whether the conditions that led to the siblings being placed in foster care can reasonably be expected to exist currently or in the foreseeable future,” citing Matter of Cruz, 121 AD2d 901, 903-904 [1st Dept 1986]), and the panel said that “the affidavit in which she averred that she completed some therapeutic services does not suffice” to raise such an issue, citing Matter of Xiomara D. [Madelyn D.], 96 AD3d 1239.

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